USPTO Patents Application 10815505

United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Virginia 223 1 3- 1450
www.uspto.gov

APPL1CATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO.

CONFIRMATION NO.

10/815,505

04/01/2004

Min-sang Park

20792 7590 05/12/2005

MYERS BIGEL SIBLEY & SAJOVEC
PO BOX 37428
RALEIGH, NC 27627

5649-1 100IP

1295

EXAMINER

WAMSLEY, PATRICK G

ART UNIT

PAPER NUMBER

2819

DATE MAILED: 05/12/2005

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 10/03)

Office Action Summarv

Application No.

10/815,505

Applicant(s)

PARK ET AL

Examiner

Patrick G. Wamsley

Art Unit

2819

~ The MAILING DATE of this communication appears on the cover sheet with the correspondence address -
Period for Reply

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 1 MONTH(S) FROM
THE MAILING DATE OF THIS COMMUNICATION.

• Extensions of time may be available under the provisions of 37 CFR 1 .136(a). In no event, however, may a reply be timely filed
after SIX (6) MONTHS from the mailing date of this communication.

• If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.

• If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.

• Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
earned patent term adjustment. See 37 CFR 1.704(b).

Status

1)D Responsive to communication(s) filed on .

2a)D This action is FINAL. 2b)D This action is non-final.

3) D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is

closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 O.G. 213.

Disposition of Claims

4) ^ Claim(s) 1-33 is/are pending in the application.

4a) Of the above claim(s) is/are withdrawn from consideration.

5) Q Claim(s) is/are allowed.

6) D Claim(s) is/are rejected.

7) D Claim(s) is/are objected to.

8) I3 Claim(s) 1-33 are subject to restriction and/or election requirement.

Application Papers

9) S The specification is objected to by the Examiner.

10)13 The drawing(s) filed on 01 April 2004 is/are: a)l3 accepted or b)D objected to by the Examiner.

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).

Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
11 )□ The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.

Priority under 35 U.S.C. § 119

12)^ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d) or (f).
bM AH b)D Some * c)\J None of:

1 .[>3 Certified copies of the priority documents have been received.

2. Q Certified copies of the priority documents have been received in Application No. .

3. Q Copies of the certified copies of the priority documents have been received in this National Stage

application from the International Bureau (PCT Rule 17.2(a)).
* See the attached detailed Office action for a list of the certified copies not received.

Attachment(s)

1 ) □ Notice of References Cited (PTO-892) 4) □ Interview Summary (PTO-413)

2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. .

3) Information Disclosure Statement(s) (PTO-1449 or PTO/SB/08) 5) □ Notice of Informal Patent Application (PTO-1 52)
Paper No(s)/Mail Date 04/04 & 07/04 . 6) □ Other: .

U.S. Patent and Trademart Office

PTOL-326 (Rev. 1-04)

Office Action Summary

Part of Paper No./Mail Date 20050510

Application/Control Number: 10/815,505

Page 2

Art Unit: 2819

DETAILED ACTION
Election of Species

This application contains claims directed to the following patentably distinct
species of the claimed invention:

1 ) a first embodiment depicted in Figures 3-6

2) a second embodiment depicted in Figures 7-9

3) a third embodiment depicted in Figure 10

Applicant is required under 35 U.S.C. 121 to elect a single disclosed species for
prosecution on the merits to which the claims shall be restricted if no generic claim is
finally held to be allowable. Currently, no claim appears generic.

Applicant is advised that a reply to this requirement must include an identification of the species that is
elected consonant with this requirement, and a listing of all claims readable thereon, including any claims
subsequently added. An argument that a claim is allowable or that all claims are generic is considered
nonresponsive unless accompanied by an election.

Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional
species which are written in dependent form or otherwise include all the limitations of an allowed generic claim as
provided by 37 CFR 1.141. If claims are added after the election, applicant must indicate which are readable upon
the elected species. MPEP § 809.02(a).

Should applicant traverse on the ground that the species are not patentably distinct, applicant should submit
evidence or identify such evidence now of record showing the species to be obvious variants or clearly admit on the
record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior
art, the evidence or admission may be used in a rejection under 35 U.S.C. 103(a) of the other invention.

Specification

The disclosure is objected to because of the following informalities:

Page 1, line 9: Add -- now U.S. Patent 6,788,106, - after "10/397,773."

Appropriate correction is required.

The specification has not been checked to the extent necessary to determine the
presence of all possible minor errors. Applicant's cooperation is requested in correcting

any errors of which applicant may become aware in the specification.

Application/Control Number: 10/815,505

Page 3

Art Unit: 2819

Claim Objections

Claims 5, 8 are objected to because of the following informalities:

Claim 5, line 3: Change "externalparity" to - external parity --.
Claim 8, line 1 : Change "claim 6" to -- claim 7 --.

Appropriate correction is required.

Any inquiry concerning this communication or earlier communications from the examiner should be directed
to Patrick G. Wamsley whose telephone number is (571 ) 272-1 814. The official facsimile number is (703) 872-
9306. An alternate facsimile number, (571 ) 273-1 814, should only be used for unofficial documents.

(Patridig. Wamsley
May 10, 2005